PERSONS CRIMINALLY LIABLE FOR FELONIES
Accomplice who furnishes the place of detention –
ART. 16. WHO ARE CRIMINALLY LIABLE. — THE
FOLLOWING ARE CRIMINALLY LIABLE FOR GRAVE AND
LESS GRAVE FELONIES:
1. PRINCIPALS
2. ACCOMPLICES
3. ACCESSORIES
THE FOLLOWING ARE CRIMINALLY LIABLE FOR LIGHT
FELONIES:
1. PRINCIPALS
2. ACCOMPLICES
Definition of light felonies –
 Those punished with arresto menor or a fine not exceeding
P200.
Reason why accessories are not liable for light felonies –
 The law does not deal with trifles
 2 degrees lower than arresto menor is not possible
Meaning of “persons” under Title 2 -
 Only natural persons
 Non-coverage of juridical persons – cannot commit crimes
which requires:
(a) Willful purpose
(b) Voluntariness
(c) Malicious intent
CLASSIFICATION OF OFFENDERS
1) Principals
2) Accomplices
3) Accessories
3 KINDS OF PRINCIPALS
1) By direct participation (PDP) – take direct part in the
execution of the act
2) By inducement (PBI) – directly force or induce others to
commit it
3) By indispensable cooperation (PIC) – cooperate in the
commission of the offense by another act without which it
would not have been accomplished
Application of classification under Article 16
1) Offenders to be judged by their individual liability
 Not collective liability
2) Purpose – basis for determining their respective individual
liabilities as to the penalty imposed
a) Principals –
 whether consummated, frustrated, or attempted
stage
 1 degree higher than that of accomplices
 2 degrees higher than that of accessories
o EXCEPTION – WHEN THE LAW EXPRESSLY PROVIDES
THE PENALTY FOR THE PARTICULAR CLASS OF
OFFENDERS
 ART. 60 - Exception to the rules established in Articles
50 to 57 — The provisions contained in Articles 50 to
57 shall not be applicable to cases in which the law
expressly prescribes the penalty provided for a
frustrated or attempted felony, or to be imposed upon
accomplices or accessories
 Accomplices – with same penalty as principals:
a. Some crimes against chastity - if committed by
ascendants, guardians, etc.
b.
punished as a principal in slight illegal detention.
 Accessories –
a. Who knowingly conceal the evil practices in
sedition – punished also as principals.
b. Given penalties 1 degree, instead of 2 degrees,
lower than that of a principal in Arts. 162, 168,
and 173.
When the classifications are NOT applicable
1) When there is a conspiracy among the accused who
committed the crime
a) Reason – doctrinal rule that “the act of each
conspirator is the act of all”
b) Offenders with collective responsibility – punished as
principals with the same penalty
 subject to circumstances personal to any of them
2) Crimes punishable by special laws –
 BUT there is a tendency to adopt the rules on penalties
in RPC in special laws
EXAMPLE – RA 9165; COMPREHENSIVE DANGEROUS
DRUGS ACT
 Adopted the range and application of penalties in Sec.
25 RPC
 Although it provides for life imprisonment instead of
reclusion perpetua
 Attempt or conspiracy to commit certain unlawful acts
punishable by the same penalty for the commission
thereof
3) Corporations and other organizations with or without
juridical personality
a) Entity itself cannot be punished – they necessarily have
to act through their officers
 Fines may be assessed against them for
violations, such as those under corporation and
election laws
b) Officer is criminally liable – commits a violation of law in
exercise of his duties
 Not liable – if he had no participation in the
corporate acts performed by other officers or
agents
c) Responsible officers are criminally liable –
 When the law requires an act to be done by a
corporation in a certain manner
d) Corporate officer in representative capacity is not liable
– when the act alleged to be crime is not required by
law BUT part of commercial transaction (trust receipts
agreement)
 Liable – if he acted in his own capacity
4) Law specifies the officers criminally responsible for acts
done in behalf of the corporation and violative of that
law –
a) PD 1612 (ANTI-FENCING LAW) – if the fence is a
partnership, firm, corporation or association
 Liable – president, manager, or officer who knows
or should have known the items were stolen
b) BP 22 (BOUNCING CHECKS LAW) -
 Liable – person who signed the bouncing check in
behalf of the juridical person (drawer)
ART. 17. PRINCIPALS. — THE FOLLOWING ARE
CONSIDERED PRINCIPALS:
1. THOSE WHO TAKE A DIRECT PART IN THE EXECUTION
OF THE ACT;
2. THOSE WHO DIRECTLY FORCE OR INDUCE OTHERS TO
COMMIT IT;
3. THOSE WHO COOPERATE IN THE COMMISSION OF THE
OFFENSE BY ANOTHER ACT WITHOUT WHICH IT WOULD
NOT HAVE BEEN ACCOMPLISHED.
NO conspiracy but agreement among them
 There must be at least some agreement among them as to
what acts they are respectively supposed to perform
NO principal by inducement or principal by indispensable
cooperation
1) Without a principal by direct participation
2) Offense must have been committed OR at least attempted
o EXCEPTION – WHERE PROPOSAL IN ITSELF IS
PUNISHABLE
There can be a principal by direct participation
 Without the preceding classes:
(a) principal by inducement
(b) principal by indispensable cooperation
PRINCIPAL BY DIRECT PARTICIPATION - PDP
Requisites – may apply also to 2 or more persons
1) Offender participated in the criminal resolution – shown by
prior or simultaneous acts
 Absent – not a principal
2) He carried out the plan and personally took part in its
execution – materially execute the crime
3) He actually performed acts necessary or tending directly at
the commission of the offense
Meaning of “personally took part in the execution”
 PDP must be at the crime scene personally taking part in
its execution because he is the one who actually committed
the crime
 NOT a principal by direct participation – if he was NOT
present at the crime scene because without him the crime
will not be committed
EXPRESS CONSPIRACY (conspiracy by prior agreement) -
effect of the non-appearance of the PDP
a) Non-appearance is deemed desistance
b) By merely conspiring – PDP is not yet committed any crime
because conspiracy is generally not a crime
o EXCEPTION – WHERE CONSPIRACY IN ITSELF IS
PUNISHABLE
c) No basis for criminal liability = no criminal participation
EXAMPLE – PDP IN HOMICIDE
 X WITH INTENT TO KILL – PERSONALLY SHOT A
 X LIABLE AS PDP
EXAMPLE – PDP IN ARSON
 X BURNS THE HOUSE OF A
 X LIABLE AS PDP
EXAMPLE – PDP ROBBERY
 X, Y AND Z DECIDED TO ROB ABC BANK
 AGREEMENT – X WILL ENTER THE BANK; Y WILL BE
LOOKOUT; AND Z WILL BE THE DRIVER OF THE CAR
 COMMITTED THE CRIME ON THE AGREED TIME AND
AS PER AGREEMENT
 ALL OF THEM ARE PDP BECAUSE ALL ARE AUTHORS
OF THE CRIMINAL DESIGN
 NOTE: NO MATTER HOW MINOR THE PARTICIPATION
IS OF AN OFFENDER, IF HE IS AN AUTHOR OF THE
CRIMINAL DESIGN, EVEN IF HE ONLY ACTED AS A
LOOKOUT, STILL HE IS LIABLE AS A PRINCIPAL BY
DIRECT PARTICIPATION.
PRINCIPAL BY INDUCEMENT / INDUCTION - PBI
Requisites
1) Offender himself is determined to commit the felony
2) He must have persistently clung to his determination
3) He -
(a) Offers the strongest of temptations sufficient to induce
the commission
(b) Exercises ascendancy to compel obedience
4) Inducement must be –
(a) Made directly to procure the commission of the crime
(b) Determining cause for the commission of the crime by
PDP
Who may become an PBI (mastermind) -
a) Principal
b) Accomplice
c) A person without any liability at all
Liability of PBI
 Only when the PDP committed or attempted the act induced
 Generally liable as an accomplice – the law favors a lesser
penalty
Presence and participation -
a) May or may not be present at the crime scene – if not
present still liable
 Crime would not have been committed without the
inducement
 They induce others to commit the crime so they do
not have to appear or do the dirty work
b) May or may not actually take part in the commission of
the crime – if did not participate still liable
 Prove that without his inducement - the crime would
not have been committed
PBI must directly –
1) Forces another to commit the crime
2) Induce another to commit the crime
2 WAYS OF BECOMING A PRINCIPAL BY INDUCTION
(1) By directly forcing another to commit the crime, either:
(a) Using irresistible force
(b) Causing uncontrollable fear
(2) By directly inducing another to commit the crime, either:
(a) Giving price, offering a reward or promise
(b) Using words of command
(1) By directly forcing another to commit the crime, either:
(a) Using irresistible force
(b) Causing uncontrollable fear
(a) No conspiracy, not even unity of criminal and
intention
 Only the inducer – (a) and (b) is liable
 Material executor – not liable under exempting
circumstances because he acts against his will – his
act is involuntary

Where inducer used irresistible force or uncontrollable fear
upon another to compel
a) Principal by inducement - Inducer
b) Principal by direct participation - Person who performed the
desired act of participation in the commission of the crime
 Though exempt from criminal liability under Art. 12,
Pars. 5 and 6 – still civilly liable (Art. 101)
EXAMPLE – UNCONTROLLABLE FEAR; ROBBERY
 X AND HIS GANG OF ROBBERS THREATENED TO KILL
ALL THE BANK EMPLOYEES – IF A, BANK MANAGER,
WILL NOT OPEN THE VAULT
 A OPENED THE VAULT – ROBBERS TOOK ALL THE
MONEY
 A – NOT LIABLE BECAUSE HE ACTED UNDER
COMPULSION OF UNCONTROLLABLE FEAR
 X AND HIS GANG – LIABLE FOR ROBBERY
(2) By directly inducing another to commit the crime, either:
Forms of inducement –
a) Giving of price, reward or promise – consideration (pacto)
b) Words constitutive of command (precepto)
c) Any other similar act which constitutes the real and moving
cause of the crime
Test of inducement
 Made directly for the purpose of procuring the commission
of the crime
 Determinative cause of the commission of the crime by one
induced
(a) Giving price, offering a reward or promise
Principal by inducement – one giving price, offering a reward or
promise
Principal by direct participation - committing the crime
EXAMPLE – MURDER
 X INDUCED Y TO KILL A
 X PROMISED Y – 1OM
 Y KILLED A BECAUSE OF THE PROMISE
 X – PBI
 Y - PDP
(b) Using words of command
Principal by inducement – uses words of command
Principal by direct participation - committing the crime
Requisites
1) Inducer must have the intention of procuring the commission
of a crime
 Have a positive resolution
 Persistent effort to have the crime committed by
another
2) Inducer must have moral ascendancy or influence over the
person
3) Words of command must be uttered before the commission
of the crime
4) Words uttered must be direct, influential and powerful to
amount to coercion
NOT an inducement
a) He only made some thoughtless remarks – without the
intention to produce the result
b) He gave an order to kill the victim after the fatal blow has
been struck
c) Words uttered did not have great dominance or influence on
the offenders
d) Words uttered are no longer necessary – offenders were
already determined to commit the crime
e) Careless comment made by one who does not possess
moral ascendancy over offender
 Effect – neither a PBI or an accomplice
PRINCIPAL BY INDISPENSABLE COOPERATION (PIC)
Requisites
1) Offender must have concurred or directly participated in the
criminal resolution
2) He must have cooperated by performing another important
act indispensable for the commission of the felony agreed
upon
 Necessary that he must be present at crime scene
PIC may be a co-conspirator under doctrine of implied
conspiracy
a) The voluntary and indispensable cooperation of the
offender is a concurrence of the criminal act to be executed
b) He is a co-conspirator by indispensable cooperation – even
if the common design or purpose was never bottled up by
previous undertaking
When must a PIC participate?
1) At the planning stage of conspiracy - need not be a party
2) At the moment of the execution of the crime with other
principals
Nature of the cooperation
a) Must be knowingly or intentionally rendered
b) There must be knowledge of the previous intended criminal
act
Not a PIC –
a) If no knowledge of the previous intended criminal act
b) If participation is dispensable
 If with OR without his participation – the offense will
be committed
 Effect on liability – accomplice
EXAMPLE – NOT A PRINCIPAL BY INDISPENSABLE
COOPERATION; RAPE
 X WAS INTRODUCED TO A, 8 YEAR OLD GIRL
 X CONVINCED A TO ACCOMPANY HER AT THE SALON
WHERE A’S MOTHER WAS WORKING
 BEFORE GOING THERE – THEY STOPPED BY AT A
PLACE WHERE A WAS BROUGHT TO A ROOM
 ROOM – Y WAS THERE AND GAVE MONEY TO X
 Y RAPED A
 X – NOT A PIC BECAUSE HER ACTS OF CONVINCING A
TO GO WITH HER AND RECEIVING MONEY FROM Y –
NOT INDISPENSABLE TO THE CRIME OF RAPE
EXAMPLE – PRINCIPAL BY INDISPENSABLE
COOPERATION; MURDER
 X AND Y HAD A FIST FIGHT
 X WAS LOSING TO Y – A SAW THIS AND GIVE HIS GUN
TO X
 X SHOT Y USING A’S GUN
 A – PIC BECAUSE WITHOUT THE GUN X COULD NOT
HAVE KILLED Y
Requisite to be liable as either PIC vs. accomplice
 Accused unite with the criminal design of the PDP
Principal vs. accomplice
Principal – cooperation is similar to BUT of greater degree than
an accomplice because of its indispensability to the
accomplishment
Accomplice – cooperation is lesser and minor importance
When an “accomplice” and not a PIC
 If act performed by the offender facilitated the commission
of the crime BUT is not indispensable - with or without his
act the crime will be accomplished
EXAMPLE – ACCOMPLICE; COOPERATION NOT
INDISPENSABLE; ROBBERY WITH HOMICIDE
 A, PUMP BOAT OWNER, HELPED X AND Y - BY A
PRETENDING THAT HIS BOAT NEEDED TOWING
 SO THAT THE BOAT OF THE VICTIMS WILL HELP
 X AND Y BOARDED THE BOAT OF THE VICTIMS –
ROBBED AND KILLED THEM
 A IS MERE ACCOMPLICE BECAUSE X AND Y COULD
HAVE ASKED THE HELP OF OTHER BOAT OWNERS
ART. 18. ACCOMPLICES. — ACCOMPLICES ARE THOSE
PERSONS WHO, NOT BEING INCLUDED IN ART. 17,
COOPERATE IN THE EXECUTION OF THE OFFENSE BY
PREVIOUS OR SIMULTANEOUS ACTS.
Requisites
1) Offender must have known of the criminal design of the
principal by direct participation and concurs therein
2) He cooperates in the execution of the offense –
(a) By prior acts
(b) By simultaneous acts
(c) By supplying material or moral aid
3) There is a relation between the acts done by principal and
those of the accomplice
Elements (Boado)
1) He takes part in the execution of the crime by previous or
simultaneous acts
2) He intends to take part in the commission of the crime
Requisites (FG)
1) There must be community of design
 After the principals have formed the criminal design –
the accomplice had been informed of the criminal
design of the offender
 After having been informed, accomplice concurs with
the said criminal design.
 Note - He is not part of the conspiracy but he knows
and concurs with the design because he was
informed of the same only after the principal had
come up with agreement. 
 principal
2) He performs the acts previous or simultaneous to the
commission of the crime; and 
 was tasked to do was illegal
 With the intention of supplying material or moral
aid in the execution of the crime in an efficacious
way
3) Relation between the acts performed by the principal and
the acts performed by the accomplice
 Accomplice vs. Principal by inducement (PBI)
Accomplices as “accessories before the fact”
 Those who are not principals BUT cooperate in the
execution of the offense
Presence at the crime scene of the accomplice
1) Offender rendered moral support – by accompanying
principal at crime scene
 Was around when victim was killed
Mere presence at the crime scene NOT “simultaneous acts”
1) Not liable for mere passive presence at crime scene -
(a) If a person who is not a member of a conspiracy
(b) Does not give any actual or moral support to the
offenders
(c) Does not constitute a simultaneous act of cooperation
sufficient to make one an accomplice
Nature of the acts of the accomplice
 There is evidence of criminal participation BUT courts
resolve to favor a milder form of liability when:
a) His acts should not produce the most serious effect on the
victim –
 Otherwise – he will be a principal
b) His role in the perpetration of crime is of minor character
c) When the acts performed by a person who cooperated in the
commission is not specifically known
d) When the acts performed by a person who cooperated in the
commission is not proved
e) When the acts performed by a person who cooperated in the
commission is in doubt as to the nature of liability
 Participation of the offender will be considered as that
of an accomplice rather than of a principal
EXAMPLE – IN CASE OF DOUBT AS TO THE NATURE OF
LIABILITY – ACCOMPLICE IN KIDNAPPING WITH RANSOM
 X, Y AND Z DECIDED TO KIDNAP A FOR RANSOM
 A WAS BROUGHT TO A HOUSE
 P – (ACCOMPLICE) ARRIVED AT THE HOUSE, HAD
KNOWLEDGE OF THE CRIMINAL DESIGN OF THE X, Y
AND Z
 P DID NOT REPORT IT TO THE POLICE BUT CHOOSE
TO KEEP QUIET AND REMAINED IN THE HOUSE
[MORAL AID]
 P – PRESENCE AND COMPANY WAS NOT
INDISPENSABLE TO THE PERPETRATION OF
KIDNAPPING = ACCOMPLICE
Common to both conspirators and accomplices
 They know and agree with the criminal design
Conspiracy or previous agreement NOT a requirement
 Unlike among CO-PRINCIPALS because an
accomplice is NOT a principal
a) An accomplice acts spontaneously and simultaneously
b) He only participate in and agree with the criminal design of
the principals who are the authors
 NOT in approximating the level of conspiracy
One CAN be an accomplice even if he did NOT know the
actual specific crime intended to be committed by the
 Provided that he was aware that the object of the acts he
Common to both accomplices and PBI
 They act before or during the commission of the crime.
a) Principal by inducement -
 Induces the other offender to commit an act by exerting
influence or moral ascendancy – without which the
crime would not have been committed.
b) Accomplice –
 His inducement or utterance is not indispensable
because with or without the same – the crime would be
committed
c) Principal by inducement -
  Cooperation in the offense is indispensable.
d) Accomplice –
 Cooperation is in a minor way.
e) Principal by inducement -
 Directs the way the crime would have been committed.
f) Accomplice –
 No part in the planning – not an author thereof.
Accomplice vs. Principal by indispensable cooperation (PIC)
Accomplice – knows the criminal design of the principal and
cooperate knowingly or intentionally BUT in a manner NOT
indispensable to the commission of the crime
PIC – knows the previous intended criminal act and knowingly or
intentionally rendered cooperation in a manner indispensable to
the commission of the crime
When an “accomplice” and not a PIC
 If act performed by the offender facilitated the commission
of the crime BUT is not indispensable - with or without his
act the crime will be accomplished
Conspirators vs. Accomplices
a) Conspirators –
 Know the criminal intention because they themselves
have decided upon such course of action
b) Accomplices -
 Come to know about the criminal intention after the
principals have reached the decision - only then do they
agree to cooperate in its execution
c) Conspirators –
 Decide that a crime should be committed
d) Accomplices -
 Merely assent or concur in the plan to commit the crime
– they do not decide whether the crime should be
committed
e) Conspirators –
 Authors of the crime
f) Accomplices -
 Merely instruments who perform acts not essential to
the perpetration of the offense
“Lookout”
1) Principal (conspirator) –
 If he was a co-conspirator or co-author of the crime
 Participated in deciding the course of the action to be
taken
 Provides his companions effective means and
encouragement to carry out the crime
 Reason – being a lookout is a necessary part of the
concerted action to achieve the desired result
2) Accomplice -
 Not part of the conspiracy
 Participate only after such decision was reached
 Cooperates only after a decision to commit the crime
had already been made
 Reason – merely instrument of the crime
Guilt of the accomplice
 Cannot be predicated on the commission of the particular act
o EXCEPTIONS –
1) THE ACT WAS DONE IN FURTHERANCE OF A
CRIME BY ONE WHO KNEW THAT OTHERS
INTENDED TO COMMIT IT
2) THE ACT WAS DONE IN FURTHERANCE OF
SOME OTHER CRIME WHICH WAS THE
NATURAL AND PROBABLE CONSEQUENCE
Liability of the accomplice
 1 degree lower than the principal
o EXCEPTIONS – WHEN THE LAW PROVIDES
OTHERWISE:
1) ACCOMPLICE PUNISHED AS PRINCIPAL –
Art. 268 when a person provides a place of
detention of kidnapped victims
2) ACCESSORIES PUNISHED AS ACCOMPLICE
– PD 532 Abettors of brigandage by profiting from
the fruit of the crime
EXAMPLE – PDP AND ACCOMPLICES IN ROBBERY
 X, Y AND Z DECIDED TO ROB ABC BANK
 AGREEMENT – X AND Y WILL ENTER THE BANK; Z
WILL BE LOOKOUT
 ON THEIR WAY TO THE BANK – THEY REALIZED THEY
NEEDED A CAR SO THEY BOARDED THE TAXI OF A
 THEY INFORMED A OF THEIR CRIMINAL DESIGN - TO
WHICH A AGREED FOR HIS CAR TO BE USED AS A
GETAWAY VEHICLE.
 X, Y AND Z - LIABLE AS PDP
 A - IS LIABLE AS ACCOMPLICE BECAUSE SINCE X, Y
AND Z ALREADY AGREED ON THE CRIMINAL DESIGN
BEFORE HE WAS INFORMED OF THE SAME AND HE
CONCURRED BY PERFORMING SIMULTANEOUS ACTS
OR SUBSEQUENT TO THE COMMISSION OF THE
CRIME.
EXAMPLE – PDP AND ACCOMPLICES IN MURDER
 X, Y AND Z DECIDED TO KILL A INSIDE HIS HOUSE
 THEY TOLD B – THE MAID THAT THEY WILL KILL A SO
THEY ASKED A TO OPEN THE GATE
 B OPENED THE GATE
 X, Y AND Z – ONCE INSIDE KILLED A
 X, Y AND Z - LIABLE AS PDP
 B - IS LIABLE AS ACCOMPLICE BECAUSE SINCE X, Y
AND Z ALREADY AGREED ON THE CRIMINAL DESIGN
BEFORE HE WAS INFORMED OF THE SAME AND HE
CONCURRED BY PERFORMING SIMULTANEOUS ACTS
OR SUBSEQUENT TO THE COMMISSION OF THE
CRIME.
 BY OPENING THE GATE – ACT WAS NOT
INDISPENSABLE TO THE KILLING
EXAMPLE – PDP AND ACCOMPLICES IN MURDER
 A, B, C, D – AT THE PARK THEN X SUDDENLY PASSED
 A AND B - STAB X.
 C - JUST STOOD THERE JUST WATCHING.
 D - SERVED AS LOOKOUT.
 C - DISPOSED THE BODY DESPITE X BEING STILL
ALIVE BY BURYING IT AS ORDERED BY A AND B
 X DIED BECAUSE OF SUFFOCATION.
 A AND B - LIABLE AS PRINCIPAL BY DIRECT
PARTICIPATION. THEY ARE THE PERSONS WHO
ACTUALLY STABBED THE VICTIM.
 C - PRINCIPAL BY INDISPENSABLE COOPERATION
BECAUSE X WAS STILL ALIVE WHEN HE BURIED THE
BODY. THE ACT OF BURYING WAS THE CAUSE OF
DEATH. IT CONSUMMATED THE CRIME OF MURDER.
INDISPENSABLE BECAUSE WITHOUT IT, X WOULD NOT
HAVE DIED. HIS DEFENSE THAT HE HAS NO
KNOWLEDGE THAT X WAS STILL ALIVE IS UNTENABLE
BECAUSE BY BURYING THE BODY HE WAS ALREADY
COMMITTING A FELONIOUS ACT THUS MUST BE
LIABLE FOR ITS CONSEQUENCES (LIABLE FOR A
FELONY ALTHOUGH DIFFERENT FROM THAT WHICH
HE INTENDED).
 D - LIABLE AS AN ACCOMPLICE WHEN HE IS NOT PART
OF THE CRIMINAL DESIGN. 

ART. 19. ACCESSORIES. — ACCESSORIES ARE THOSE  Participates before or during the commission of the
WHO, HAVING KNOWLEDGE OF THE COMMISSION OF THE offense
CRIME, AND WITHOUT HAVING PARTICIPATED THEREIN, b) Accessory -
EITHER AS PRINCIPALS OR ACCOMPLICES, TAKE PART  Participates subsequent to the commission of the
SUBSEQUENT TO ITS COMMISSION IN ANY OF THE offense
FOLLOWING MANNERS: c) Accomplices -
 Knows of the criminal design of the principal
1. BY PROFITING THEMSELVES OR ASSISTING THE d) Accessory -
OFFENDER TO PROFIT BY THE EFFECTS OF THE CRIME.  Knows of the commission of the offense
e) Accomplices -
2. BY CONCEALING OR DESTROYING THE BODY OF THE  Provides material or moral aid in efficacious way but not
CRIME, OR THE EFFECTS OR INSTRUMENTS THEREOF, IN in a manner indispensable to the offense
ORDER TO PREVENT ITS DISCOVERY. f) Accessory –
 Acts in 3 ways specified under Article 19
3. BY HARBORING, CONCEALING, OR ASSISTING IN THE g) Accomplices -
ESCAPE OF THE PRINCIPALS OF THE CRIME, PROVIDED  No exemption from liability
THE ACCESSORY ACTS WITH ABUSE OF HIS PUBLIC h) Accessory –
FUNCTIONS OR WHENEVER THE AUTHOR OF THE CRIME IS
 Exempted under Article 20
GUILTY OF TREASON, PARRICIDE, MURDER, OR AN
i) Accomplices -
ATTEMPT TO TAKE THE LIFE OF THE CHIEF EXECUTIVE,
 Penalized 1 degree lower than principal
OR IS KNOWN TO BE HABITUALLY GUILTY OF SOME
j) Accessory –
OTHER CRIME.
 Penalized 2 degrees lower than principal
Common elements k) Accomplices -
1) Have knowledge of the commission of the crime  Liable for light felonies
 NOTE – accessory does not have knowledge of the l) Accessory –
criminal design – what he knows is the commission of  Not liable for light felonies
the crime
2) Have not participated therein When accessories are liable as “principals” in another crime
3) Take part subsequent to the commission of the crime –  Crimes under special laws or mala prohibita – his act or
despite knowledge of the commission of the crime omission may also be penalized as principals unless
otherwise provided
When the acts of an accessory must be performed  Required – compliance with procedural requirement as to
a) The acts of an accessory are always performed after the the proper charge in the information as principal instead of
commission of the crime by the principal – accessory had no accessory.
participation therein in any form
b) “Accessory after the fact” – accessory SUBSEQUENT PARTICIPATION OF AN ACCESSORY – ANY
c) “Accessory before the fact” - accomplice OF THE 3 MANNERS
1) Par. 1 – by PROFITING
Nature of the crime of the “principal” referred to 2) Par. 2 – by CONCEALING or DESTROYING the body of
May be ANY FELONY as long as it is NOT a LIGHT felony the crime
 Reason - in such felony the accessory is not punished 3) Par. 3 – by ASSISTING the principal to escape

Generally accepted doctrine – there can be conviction of
accomplices or accessories – even without the conviction of
principal
1) Liability of accessory is subordinate to that of the principal –
(a) If the exoneration of the principal is based on the
ground that no crime was committed by him – naturally
be illogical to prosecute the accessory
2) The case against the accessory may proceed - as long as
the commission of the offense is established
(a) Even if the principal is unknown
(b) Even if the principal is at large
(c) Even if the principal is being tried separately
 Reason – the responsibilities of the 3 classes are
distinct from each other
3) People vs. Barlam – the application of such principle is
good only with respect to:
(a) Par. 1 – accessories where the profit motive is involved
(b) Par. 2 – accessories regarding the concealment of the
body of the crime or its effects and instruments
(c) Not Par. 3 – accessories who harbor or assist in the
escape of the principal
 Reason – it must be established at trial:
(1) The crime committed
(2) The identity of the principal
Accomplice vs. Accessory
a) Accomplices -
PAR. 1 - 1st TYPE OF ACCESSORY
2 Acts:
1) One who profits himself by the effects of the crime
2) One who assists the principal to profit by the effects of
the crime
Requisites
1) Accessory profits or assists the offender from the effects of
the crime
2) The effects must be the natural and logical consequences of
the crime perpetrated by the offender
Effect of relationship between accessory and principal
 This is the only instance where the accessory, although
related to the principal within degrees of relationship under
Art. 20 – NOT exempt from liability (unlike other classes of
accessories)
 Reason Art. 20 does not include the accessories in Par. 1 –
they are actually acting under the profit motive - not under
the natural instinct to protect a relative
Accomplice of brigands
 Crime of abetting brigandage – if he profited from the loot in
the said crime
 He should be charged in a separate information for such
crime
 Otherwise – liable only as an accessory
Nature of “taking or entrusting of the property” to the
accessory
 Must be with the consent of the principal
 Otherwise – the accessory would in truth be a principal in
theft or any offense involving the property because a thief
can steal from another thief
2 kinds of prosecution of an accessory in robbery and theft
(a) Prosecuted under RPC
(b) Prosecuted as a principal in the crime of fencing – more
preferred because:
 Malum prohibitum
 Legal presumption of fencing
 Higher penalty is prescribed
EXAMPLE – ACCESSORY AND FENCE IN ROBBERY
 X ROBBED A’S PAWNSHOP AND TOOK ALL THE
JEWELRIES
 X TOLD Y THAT HE IS SELLING ALL THE JEWELRIES
AT A DISCOUNTED PRICE
 AFTER Y BOUGHT THE SAME – Y ASKED X WHERE IT
CAME FROM
 X ANSWERED HE ROBBED A PAWNSHOP
 Y DISPLAYED THE JEWELS IN HIS STORE IN
BINDONDO
 Y – LIABLE AS AN ACCESSORY AND FENCE BECAUSE
HE HAD KNOWLEDGE OF THE ROBBERY
 NOTE – BETTER TO FILE FENCING BECAUSE IT IS
EASIER TO PROVE
Effect if not charged with fencing in separate information
 Liable only as an accessory
PD 1612 (ANTI-FENCING LAW)
 A fence who receives stolen property is NOT an accessory
but a principal in the crime
 Provides a distinct offense
 It is an exception to Par. 1 Art. 19
 Elements of fencing –
1) Robbery or theft has been committed
2) Said person was found in possession of the said
article or items which are the proceeds of the crime
3) There was on the part of such person – intent to gain
either for himself or for another
4) Said person knows or should have known that the
article is the product of robbery or theft
Fence under PD 1612 vs. accessory in Par. 1
(a) Fence
1) May be a natural person or juridical person
2) Applies only to proceeds of the felonies of:
(a) Robbery
(b) Theft
3) “Fencing” – one bought, sold, possessed, received,
keep, acquired, concealed, disposed, or in any other
manner dealt with the articles
 NOTE – FENCING IS NOT A CONTINUING
CRIME. IT IS NOT A TRANSITORY OFFENSE.
PROSECUTION OF THE ACCUSED MUST BE
IN THE PLACE WHERE HE IS ARRESTED IN
POSSESSION OF THE STOLEN GOODS.
4) Which he knew that the property was subject of a
particular crime OR should have known of its criminal
origin
 “Should have known” – denote the fact that a
person of reasonable prudence and
intelligence would ascertain the fact in
performance of his duty to another or would
govern his conduct upon assumption that
such fact exists.
5) Liability for dealing in questionable articles can be
forestalled by –
 Obtaining a permit from police authorities
6) Imposable penalty – specifically stated in the law
 Not contingent upon the penalty of the principal
who committed the theft or robbery
EXAMPLE – FENCE ONLY – NOT ACCESSORY IN ROBBERY
 X, THE HELPER OF A – WHILE A WAS AWAY X BROKE
THE VAULT (MANILA)
 SHE TOOK ALL THE MONEY AND WATCHES
 X SOLD THE SAME TO Y PAWNSHOP IN QC OWNER
FOR A LOW PRICE
 Y IMMEDIATELY BOUGHT IT AFTER EXAMINATION
THAT IT WAS GENUINE AND KNOWLEDGE THAT IT IS
WORTH MILLIONS
 THE WATCHES WERE IDENTIFIED BY A THE REAL
OWNER
 X – PDP IN ROBBERY
 Y – NOT ACCESSORY BECAUSE HE HAD NO
KNOWLEDGE OF THE COMMISSION OF ROBBERY IT
CANNOT BE PRESUMED
 Y – A FENCE BECAUSE OF THE PRIMA FACIE
PRESUMPTION AND THE DISCREPANCY BETWEEN
THE VALUE AND SELLING PRICE – NO NEED TO KNOW
THE CRIME WAS COMMITTED
 HIS EXPERIENCE FROM THE BUSINESS IN YEARS
SHOULD HAVE GIVEN HIM DOUBT AS TO THE
LEGITIMATE OWNERSHIP OF THE GOODS
CONSIDERING THAT IT WAS HIS FIRST TIME TO
TRANSACT WITH SUCH SELLER
 THE INFORMATION OF FENCING MUST BE FILED IN
QC
(b) Accessory
1) Applies to any other appropriate felony
 Except – light felony
EXAMPLE – ACCESSORY IN SWINDLING (DECEIT)
 X WAS ABLE TO TAKE THE JEWELRIES OF A, HER
FRIEND, THRU SWINDLING
 SWINDLING – A ENTRUSTED X THE JEWELRIES SO
THAT THE FRIEND OF A, PROSPECTIVE BUYER, WILL
BE ABLE TO CHECK IT
 INSTEAD OF BRINGING IT TO A - X BROUGHT IT TO Y
AND TOLD HER – THAT SHE SWINDLED THE
JEWELRIES AND WAS SELLING IT TO Y AT HALF ITS
PRICE
 Y BOUGHT THE JEWELRIES AND DISPLAYED IT IN
HER STORE IN BINONDO
 Y WAS FOUND IN THE POSSESSION OF THE RING
 Y – LIABLE AS AN ACCESSORY
EXAMPLE – ACCESSORY; CATTLE RUSTLING
 X RECEIVED 5 CARABAOS FROM Y
 X USED THEM ON HIS FARM KNOWING THAT IT WAS
STOLEN FROM A, B, AND C
 X – PROFITING BY THE EFFECTS OF THE CRIME IN
USING THE STOLEN CARABAOS
PAR. 2 - 2ND TYPE OF ACCESSORY b) “Obstruction of justice” – committed by any person who
knowingly or willfully -
2 Acts:  Obstructs
1) One who conceals the body of the crime to prevent its  Impedes
discovery  Frustrates
2) One who destroys the body of the crime to prevent its  Delays
discovery 1) Apprehension of suspects
2) Prosecution of criminal cases
Requisite c) A person committing such acts to assist “any person he
1) Acts of the accessory must have been intended to prevent knows, or has reasonable ground to believe to believe or
discovery of the crime suspect that has committed any offense under existing
 Specific intent must be proved penal laws.”
 Not an accessory – mere silence d) Does not distinguish between a public officer or a private
o EXCEPTION – LIABLE AS PRINCIPAL FOR person – assists the principal
MISPRISION OF TREASON
 Crime involved is a conspiracy to commit PAR. 3 - 3RD TYPE OF ACCESSORY
treason
3 Acts:
Meaning of the “body of the crime” 1) One who harbors in the escape of the principal of the
 Corpus delicti – the substantial fact that a crime has been crime
committed and which is not necessarily the body of the 2) One who conceals in the escape of the principal of the
victim or stolen goods crime
 Fruits or effects of the crime 3) One who assists in the escape of the principal of the
crime
Corpus deliciti is a compound fact made up of 2 things –
1) Criminal event - existence of a certain act or result forming Offender to be assisted must be a “principal”
the basis of the criminal charge  Assisting an accomplice not included
2) Existence of a criminal agency – the cause of the act or
result (a) IN CASE OF PUBLIC OFFICER
 Principal may have committed any felony
Elements of corpus deliciti o EXCEPT – LIGHT FELONY
 Note – for as long as there are witnesses, the body of  As long as PO acts with abuse of his public functions
the crime still exists
1) Proof of the occurrence of a certain event EXAMPLE; POLICE OFFICER AS ACCESSORY TO MURDER
2) Some person’s criminal responsibility  X AND Y KILLED A
 Z, POLICE OFFICER WHO WAS PRESENT AT CRIME
When corpus deliciti is indispensable SCENE – FAILED TO IMMEDIATELY ARREST X AND Y
a) Murder – fact of death AND CONDUCT AN INVESTIGATION [ABUSED HIS
b) Arson – occurrence of the fire and of its having been OFFICIAL FUNCTIONS]
intentionally caused  Z INSTEAD LEFT THE CRIME SCENE WITH X AND Y
 Credible testimony of a single eyewitness USING HIS PATROL CAR [ASSISTING THEM TO
c) Drug sale – illegal sale took place and the accused were ESCAPE]
the authors thereof  Z – BEING A PUBLIC OFFICER IS AN ACCESSORY TO
THE CRIME
EXAMPLE – ACCESSORY
 X MISLED THE AUTHORITIES BY GIVING THEM FALSE (b) IN CASE OF PRIVATE INDIVIDUAL
INFORMATION – AS TO WHERE THE BODY OF THE  Principal must have been guilty of specific crimes:
VICTIM MAY BE FOUND 1) Treason
2) Parricide
EXAMPLE – ACCESSORY 3) Murder
 X MISLED THE AUTHORITIES BY GIVING THEM FALSE 4) Attempt against the life of the Chief Executive
INFORMATION – AS TO WHERE THE BODY OF THE 5) Principal must be known to be habitually guilty of
VICTIM MAY BE FOUND some other crime
 ACT IS EQUIVALENT TO CONCEALMENT  Not a habitual delinquent covers specific
crimes
EXAMPLE – ACCESSORY  Accessory – participates in “some other
 X ASSISTED IN CARRYING THE CADAVER OF THE crime”
VICTIM – TO A PLACE WHERE IT WAS BURIED TO
PREVENT DISCOVERY Accessory may be prosecuted under PD 1829
a) Act of the accessory may also be punishable as a principal
NOT ACCESSORY for “obstruction of justice” provided that a separate
 WHERE X HELPED CARRY THE BODY OF THE VICTIM information is prepared
 NO PROOF THAT X KNEW THE PURPOSE WAS TO b) “Obstruction of justice” – committed by any person who
MAKE IT APPEAR THAT VICTIM DIED TO ACCIDENT knowingly or willfully -
 Obstructs
Accessory may be prosecuted under PD 1829  Impedes
a) Act of the accessory may also be punishable as a principal  Frustrates
for “obstruction of justice” provided that a separate  Delays
information is prepared 1) Apprehension of suspects
 2) Prosecution of criminal cases EXAMPLE – ACCESSORY IN MURDER – SISTER OF THE
c) A person committing such acts to assist “any person he PRINCIPAL - EXEMPTED
knows, or has reasonable ground to believe to believe or  X AND Y ARE SISTERS
suspect that has committed any offense under existing  A - IS THEIR HOUSE MAID
penal laws.”  X KILLED A – AFTER Y FOUND OUT ABOUT THE CRIME
d) Does not distinguish between a public officer or a private SHE HELPED X PLACED THE DECEASED BODY IN A
person – assists the principal SACK AND PLACED IT ON THE TRUNK OF THEIR CAR.
 Y – LIABLE NOT FOR MURDER BUT ONLY FOR
PD 1829 vs. Articles 19 and 20 HOMICIDE
a) No exemption from criminal liability for the offender’s  Y – ACCESSORY BECAUSE OF HER ACT OF TRYING TO
relatives PLACE THE DECEASED BODY INSIDE THE TRUNK OF
b) No qualification as to offender in the crime THE CAR IN ORDER TO PREVENT THE DISCOVERY OF
 Whether principal, accomplice, accessory THE CRIME
c) No distinction between a public officer or private person –  Y - SHE FALLS UNDER ARTICLE 20 SINCE SHE IS
who commits the acts prohibited RELATED TO THE OFFENDER
EXAMPLE – PRIVATE PERSON NOT AN ACCESSORY;
OBSTRUCTION OF JUSTICE IN ESTAFA
 X, PRINCIPAL, COMMITTED ESTAFA
 Y HARBORDED X DESPITE KNOWING THE CRIME HE
COMMITTED
 Y – NOT AN ACCESSORY BECAUSE ESTAFA IS NOT
AMONG THE CRIMES MENTIONED
 Y LIABLE UNDER PD 1829

ART. 20. ACCESSORIES WHO ARE EXEMPT FROM

CRIMINAL LIABILITY. — THE PENALTIES PRESCRIBED FOR
ACCESSORIES SHALL NOT BE IMPOSED UPON THOSE
WHO ARE SUCH WITH RESPECT TO THEIR SPOUSES,
ASCENDANTS, DESCENDANTS, LEGITIMATE, NATURAL,
AND ADOPTED BROTHERS AND SISTERS, OR RELATIVES
BY AFFINITY WITHIN THE SAME DEGREES, WITH THE
SINGLE EXCEPTION OF ACCESSORIES FALLING WITHIN
THE PROVISIONS OF PARAGRAPH 1 OF THE NEXT
PRECEDING ARTICLE

Same relatives
 Relatives by consanguinity are excluded
1) Mitigating Circumstance - vindication of a grave offense
2) Alternative Circumstance

Where there are “several” principals

 Exemption from criminal liability inures in favor - an
accessory who is related within the prescribed degrees to
any of the principals and not necessarily to all of them

Who can claim the exemption?

 Those enumerated when they act as accessories to the
offender’s crime in a manner enumerated in Art. 19
 Reason – the law recognizes that they are motivated by
natural affection for the offender
o EXCEPTION – ART. 19 PAR. 1 - ACCESSORIES
WHO PROFIT BY THE EFFECTS OF THE CRIME
o Reason – they are liable because of greed

EXAMPLE – PUBLIC OFFICER UNDER PAR. 3

 By relationship to the principal – even if such PO acted with
abuse of official functions
 EXEMPTED - If he performed the acts in behalf of the
principal by reason of relationship
 NOT EXEMPTED - If he performed the acts in behalf of the
principal NOT only by reason of relationship BUT also to
profit of the crime